Smith Rentals, Llcpage 1 of 9

Smith Rentals, LLCPage 1 of 9

Lease term:

Lease address:

This lease made and entered into onAbetween Smith Rentals, LLC, as Lessor andBas Lessee(s).

Witnesseth: that for and in consideration of the sum of ten dollars ($10.00), the mutual exchange between the parties and other good and valuable consideration, the parties hereby agree as follows:

Lessor hereby leases unto Lessee(s), the following property described as that certain unit containing C rooms and which is located at D;

The term of the lease shall begin the 1stday of ______, and end on the ____ day of ______, 2013;

The unit shall be used and occupied for residential and dwelling purposes only, for Epersons and no more;

Lessee(s) shall pay to Lessor Fdollars for the saidterm agreed upon, payable in installments as follows:G;

Except as noted below, Lessee(s) shall pay all utilities and other services, including but not limited to water, sewage, electric, gas, phone, cable, internet, and garbage, which accrue during the term of this lease agreement. These payments should be made directly to the respective companies. Rental payments includes the following utilities: H; Lessee(s) shall make rental payments by US Mail, postage prepaid, to: Smith Rentals, LLC, 426 Drummond StreetMorgantown, WV26505;

Lessee(s) shall make the installment payments on or before the Iday of the month for which the same is due;

Lessee(s) shall be in breach of the lease if the rent is not paid when due. Such breach, in the sole discretion of the Lessor, shall terminate this lease contract and entitle the Lessor to damages and/or to immediate possession without notice or further process of law. Such breach will also result in a Jdollar late fee which will be added to the following month’s installment payment. If any late fee(s) remain unpaid at the end of the leaseit will be deducted from the security deposit paid by the Lessee(s);

Lessee(s) shall only correspond with Lessor, for non-emergency situations, by mail at Smith Rentals, LLC, 426 Drummond Street Morgantown, WV 26505, or by email at . Lessee(s) will be assessed a $15 fee for any non-emergency phone calls;

Lessee(s) shall take good care of the premises and the furniture and chattels therein contained, and shall keep the premises clean and at the end or sooner termination of the term shall deliver up the premises and furniture and chattels in as good state and condition as they were at the commencement of the term, reasonable use and wear thereof excepted;

Lessee(s) shall not make or permit any alterations on the premiseswithout obtaining Lessor's prior written consent;

Lessee(s) shall not assign this lease or sublease the premises, or any part thereof. However, Lessor may, in Lessor’s sole discretion, assist Lessee(s) to assign or sublease the premises;

Should the Lessee(s) permit another person(s) not listed on the lease to share the leased premises, an extra monthly assessment will be required and all rules and regulations agreed to by the Lessee(s) shall apply to additional person(s). The assessment ofKdollars per month per additional person shall be added to the monthly installment payment. Lessee(s) shall notify and receive prior written consent from Lessor before any additional person(s) will be permitted to live in the leased premises.

Lessee(s) agrees to pay, and Lessor acknowledges receipt ofLdollars as a security and cleaning deposit in the event of damages incurred to the premises as a result of the negligence or any willful acts of the Lessee(s) or his/her guest(s). Said deposit shall not be considered to be rent or liquidated damages for destruction of property. Saiddeposit will only be returned within thirty (30) days after expiration of the lease if the premise is vacated, clean and undamaged, all due rent and fees are paid, keys are returned, and an inspection is completed for damages and cleanliness. If repairs or cleaning are needed, deductions from the security deposit will be made. An itemized statement of the deductions from the security deposit will be tendered upon request.

This lease can only be cancelled if a cancelation request is made in writing, signed and dated by the Lessee(s), and delivered to Lessor more than 30 days before the lease start date. In this event, the entire security deposit is to be retained by the Lessor and used and applied as liquidated damages in the re-renting of the premises. Within thirty (30) days of the lease start date, the lease can no longer be canceled and the Lessee(s) are bound by the terms and conditions set fourth herin;

Lessee(s) shall not permit any noise from any source, including but not limited to radios, stereos, television sets, or other sound emission devices, to disturb the neighborhood or other occupants of the leased premises and shall conduct himself/herself so as not to disturb other occupants of the leased premises.

Lessee(s) shall not use any electrical device that contains a heating element which will draw power in excess of 1500 watts, nor any refrigerator, dehumidifier, or air conditioner without obtaining prior written consent from Lessor. If Lessor pays the electric, Lessee(s) agree to pay an additional $100 per month for each month when air conditioner, space heater, etc. is in use;

The sidewalks, entryways, passages, vestibules, halls, and stairways shall not be obstructed at any time and are to be used for no other purpose than the egress and ingress to and from the respective rooms and apartments/houses.

Lessee(s) is permitted to keep a maximum of one pet (dog or cat only) at the premises. Lessee(s) agrees to furnish the Landlord a $150 pet deposit. This deposit will be used for professional carpet cleaning and other normal maintenance needed as result of the pet. Any unreasonable wear and tear or related damage on the dwelling as a result of the pet will be the responsibility of the Lessee(s) over and above the pet deposit paid. Lessee(s) shall notify the landlord immediately once a pet is staying at the premise. If the landlord discovers a pet at the premise and notification by Lessee(s) has not been given to landlord the pet deposit required will be $200. Additional pets may, in Lessor’s sole discretion, be permitted with additional pet deposits and with Lessor’s prior written consent;

Lessee(s) grants the right of free access to the Lessor, Lessor's agent(s), and any other person thereunto authorized by the Lessor or Lessor's agent, to inspect, repair, or exhibit said premises at all reasonable times. Lessor will make every possible effort to notify Lessee(s) prior to entering the premises. Lessor shall keep and maintain duplicate keys to all units;

Lessee(s) shall indemnify, defend, and save Lessor harmless from any liabilities from any source whatsoever arising out of the use of said premises and arising out of any guests or invitees on said premises;

If the leased premises is rendered untenantable by fire or other casualty, Lessor shall have the right to elect whether to repair the property. If Lessor elects to repair the property, Lessor shall do so within a reasonable time, and the lease shall remain in effect. If the Lessor elects not to repair the property, the lease shall be terminated and neither the Lessor nor the Lessee(s) shall be further bounded by this lease;

Lessee(s) shall be responsible for keeping said premises in a clean, safe, and tenantable condition, and will be responsible for keeping any sidewalks abutting said premises clean and free from ice and snow and the Lessee(s) shall indemnify, defend, and save Lessor harmless from any claim for loss or damage occasioned by the condition of the premise or the sidewalks abutting the same;

Lessee(s) shall take all precautions to prevent the water pipes in the dwelling and the plumbing therein from freezing, or being damaged, and shall be responsible for any damage to said plumbing caused by their negligence or the negligence of their guests in taking care of the same. Particular reference is made to obstructions (sanitary napkins, brushes, combs, etc.) in the sewer lines placed therein by the Lessee(s) or Lessee(s) guests;

Lawn and yard maintenance: M;

Lessee(s) shall complete and return a property inspection report form (providing a written report of the condition of the rental unit upon occupancy) to Smith Rentals, LLC at 426 Drummond Street, Morgantown, WV26505 within five (5) days of occupancy of the rental unit;

Sorting and Separating of Refuse and Trash. Lessee(s), regardless of who pays the sanitation fees, shall comply with all present and future laws, orders, and regulations or all state, federal, municipal, and local governments regarding the collection, sorting, separation, and recycling of waste products, garbage, refuse, and trash and shall sort and separate such items into categories as provided by law and in accordance with rules and regulations for the sorting and separating of such designated recyclable materials.Lessee(s) shall pay all costs, expenses, fines, penalties, or damages imposed by reason of Lessee(s) failure to comply with this paragraph and shall indemnify, defend, and hold Lessor harmless from and against any actions, claims, and suits arising from such non compliance;

Lessee(s) shall not perform any illegal activity on the premises or allow any illegal activity to be performed on the premises. Lessee(s) further covenants and agrees that no time will he/she use or allow to be used the rental unit for any illegal or obnoxious activities, or any activity that may constitute a nuisance, nor will Lessee(s) store within said rental unit or allow to be stored within said rental unit any illegal contraband or the fruits of any illegal activity including, but not limited to, drug or narcotics paraphernalia or any materials or equipment who's sole or primary use would be the manufacture and/or storage of illegal drugs or narcotics, or any stolen property. Lessee(s) shall indemnify, defend, and hold Lessor harmless from any civil or criminal action resulting from Lessee(s) breach of this lease covenant;

Lessee(s) has personally inspected the premises and accept it as is, in it present condition, and deem it fit and habitable;

Lessee(s), jointly and severally, agree to the terms and conditions of this lease;

It is clearly understood and agreed that the terms and conditions of this lease are mutually dependent. However, if any term or condition is found to be invalid or unenforceable, the remainder of the terms and conditions shall be valid and enforced to the fullest extent permitted by law;

Lessee(s) is encouraged to purchase renters insurance to cover their personal property within the leased premises. Should Lessee have a waterbed, Lessee(s) shall carry waterbed insurance and name Lessor as an insured, and provide a certificate of insurance reflecting such. Such coverage is not available to Lessor to carry;

Lessee is herby notified that if they breach any lease condition or covenant and should subsequently pay rent, the acceptance of the rent by the Lessor does not constitute a waiver of Lessor’s rights under the lease by evicting Lessee(s) or taking other legal remedies;

Lessee(s) acknowledges receipt of the Protect Your Family From Lead In Your Home pamphlet;

No trampolines are allowed on or at the property;

Lessee(s) shall not grill within 10 feet of the house;

Any fixtures installed will become property of the Lessor at the time Lessee(s) vacates the premises;

The following is a list of personal property items located in the premises that are owned by the Lessor (although no warranty is provided as to their working order):

In the event Tenant falls two or more months past due, the remaining rent payments due will become immediately due and payable in full and Lessor shall have the right to take immediate possession of said property without further process of law;

In the event Tenant breaches any of the covenants in this lease agreement and the breach is not corrected within 30 days, the remaining rent payments due will become immediately due and payable in full and Lessor shall have the right to take immediate possession of said property without further process of law;

Tenant agrees to pay Lessor’s reasonable attorneys fees and court costs for collection of money owed by the Tenant;

This lease is the final and complete understanding of the agreement; and any modifications must be in writing and accepted by both parties.

Other Items:

Deposit Received: Date: ______

Amount:

Pet Deposit:Date:

Amount:

IN WITNESS WHEREOF, the parties hereto have signed this instrument the day and year written above.

Smith Rentals, LLC

Andrew C. Smith, Member

Lessor

Lessee Signature

Print Name

Emergency Contact

Lessee Signature

Print Name

Emergency Contact

Lessee Signature

Print Name

Emergency Contact

Lease Inserts:

Maintenance: Email Andrew Smith at

Initials ______